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Texas Supreme Court: Use of Defense Staff Attorneys OK in Some Cases

Texas / South Central News • March 31, 2008
In a long awaited ruling, the Texas Supreme Court, in a 7-2 decision in Unauthorized Practice of Law Committee v. American Home Assurance Company, Inc and The Travelers Indemnity Company, approved ...

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Subject: Capable is a stretch......as is integrity

Posted On: April 13, 2008, 12:54 pm CDT
Posted By: One who's worked with them
Comment:
Our role is to provide a solid and proper defense. Commercial claims involve deductibles which automatically oppose the "best interests" clause. There goal then is to keep the payment below that amount, bill the file as much as possible as that too is included in the deductible. The insured is the only one that loses. In a subrogation setting, staff attorney should not be permitted as all the company and the staff attorney care about is what they get paid is what the company share was-and therefore the insured gets nothing. Those are not the best interests. If allowed, a joint prosecution agreement should be entered into eliminating the deductible amount setting up a proportionate division of funds and expense. See how gun ho they are then. Staff Attorneys rarely have the skill set, motivation or experience of a panel attorney who earns his money based on results. We're cheating the insured. I am not an attorney giving a self serving statement. I was with an insurance company and see this as fraud. Signed-Anonymous and Disgusted that this has not been uncovered.
Subject Posted By Posted On
Re: "Capable"--A trial lawyer's dream! Joe K. Longley
Apr 13, 2008, 1:27 pm
Capable is a stretch......as is integrity One who's worked with them
Apr 13, 2008, 12:54 pm
RE: What about Staff Attorneys representing their employees? A Claims Representative
Mar 31, 2008, 8:55 pm
"Congruent interests" are the operative words here. Joe K. Longley
Mar 31, 2008, 1:37 pm
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